Chapter-1 Preliminary
1. Short title and commencement:

(1) These Rules may be called as  “Non-resident Nepali Rules, 2066 (2009).”
(2) These Rules shall come into force immediately.

2. Definition: Unless the subject or the context otherwise requires, in these Rules, –
(a) “Act” means the Non-Resident Nepali Act, 2064 (2008).
(b) “Mission” means the Nepali embassies situated in foreign  countries and this word also refers the permanent mission of Nepal for the United Nations or the Consulate General of Nepal  situated in foreign land.
(c) “Chief of Mission” means the person employed (assigned) as a  chief employee in the mission and the word also refer to the employee assigned to take care of his functions in his absent.
(d) “Ministry” means Ministry of Foreign Affairs.
(e) “Secretary” means Secretary of the Ministry.
(f) “Association” means Non-resident Nepali Association registered  pursuant to Rule 12.
(g) “Statute/Constitution” means the statute/constitution of the Association.

Chapter-2  Provision on Registration and Identity Card
3. Application has to be submitted for registration of Name:

(1) Any non-resident Nepali or his/her family if intends to register his/her name as in the status of non-resident Nepali, shall submit the application pursuant to Schedule-1, before the Chief of Mission if  abroad and before the Secretary if in Nepal.
(2) While submitting the application under Sub-rule (1), the fees  prescribed pursuant to Schedule-2 shall be attached.

4. Name has be registered and Identity card shall be issued:

(1) While examining the application received pursuant to Rule 3 by the Chief of Mission, Secretary or officer designed by him/her, if the application and other attached documents prove appropriateness to  register the name of the applicant, then the name shall be registered as a non-resident Nepali within the Seven days of the receipt of application and such record shall be maintained according to the format prescribed  in Schedule-3.
(2) After Registering the Name and maintaining the record pursuant to Sub-rule (1), and collecting the fees as prescribed in Schedule-4, an identity card shall be issued to such Non-resident Nepali in the format prescribed in Schedule-5.
(3) While making examination pursuant to Sub-rule (1), if the applicant’s name is not found appropriate to register then denial for the registration of applicant’s name can be made by explaining the reason for such denial.
(4) If the denial for registration of the name under Sub-rule (3)  has to be made, then the notice of such denial with the reason shall be given to the applicant.

5. Valid period for Identity Card and Renewal:

(1) The identity card issued under the Rule 4 shall remain valid for maximum ten years in case of a foreign citizen of Nepalese origin, and for a period of two years in case of Nepalese citizen residing aboard, pursuant to Subsection
(3) of Section 4 of the Act.
(2) A Non-resident Nepali, who intends to renew identity card shall submit an application to the chief of mission or secretary in the format prescribed in Schedule-6 prior to expiry of the valid period of the identity card.
(3) If an application is submitted pursuant to Sub-rule (2) the chief of mission or secretary shall, upon collecting the fee prescribed in Schedule-4, renew the identity card without exceeding the period prescribed pursuant to Sub-section (3) of Section 4 of the Act at once.

6. Cancellation (Revocation) of Identity Card:

(1) The identity card deemed to be cancelled in the following situation:-
(a) If ipso facto cancelled pursuant to Section 17 of the Act.
(b) If the valid period of the identity card has been expired.
(2) The identity card issuing Authority may cancel the identity card at any time, if it is found that false information had submitted to  obtain the identity card.
(3) Before canceling the identity cad pursuant to Sub-rule (2), an opportunity to produce (present) his/her clarification shall be provided to the concerned non-resident Nepali.

7. Changed details/information shall be informed:

(1) If the details/information submitted with the application for registration of name as non-resident Nepali pursuant to Sub-rule (1) of Rule 4 has been changed, such non-resident Nepali shall provide the information of such
change to the chief of mission or secretary within the Three months.
(2) On the basis of the information received pursuant to Sub-rule 1) chief of mission or secretary shall keep the updated record as  maintained pursuant to Sub-rule (1) of Rule 4.

Chapter-3  Provisions related to Investment and Privileges
8. Information about Investment shall be provided:

(1) A nonresident Nepali who makes investment in Nepal shall provide information about the investment which has been made by him/her, to the ministry in the format prescribed in Schedule-7.
(2) The information received pursuant to Sub-rule (1) shall be written in the record maintained pursuant to Sub-rule (1) of Rule 4 and the ministry shall give the information of such investment to the  department of Industry.

9. Certificate of Capital investment shall be received:

A nonresident Nepali who brings the capital investment in Nepal pursuant to  Section 7 of the Act, if intends to receive the certificate of such investment, the bank which transfers such capital investment in Nepal
shall issue the certificate in the format prescribed in Schedule-8 to the concerned person.

10 Provisions related to the repatriation of money:

(1) A nonresident  Nepali who intends to repatriate the investment and the amount  of his equivalent to the profit earned (made /received)) pursuant to  Section 9 of the Act shall submit an application before the secretary
attaching the following details and documents:
(a) Copy of permission taken for investment pursuant to the  Act,
(b) Decision of the board of directors of concerned company or agency regarding the repatriation of investment,
(c) Copy of tax clearance certificate,
(d) Audited Balance sheet of the fiscal years, previous to the fiscal year in which application for repatriation has been
made,
(e) Copy of evidence for paid up of the liability or loan of any person or agency if such loan or liability has been made,
(f) The name, branch and address of the Bank which has to be used for repatriation,
(g) Letter of affidavit, declaring that there is not any due on any type of revenue or loan that have to be paid back to
anybody or any liability have to paid back in Nepal.
(2) If the application pursuant to Sub-rule (1) has submitted, the secretary shall give the permission for repatriation of money under the provision of the Act in such a manner that in case of the investment made by a non-resident Nepali in convertible foreign currency at once or time to time and in full or partial basis and in case of profit made out of  such investment, the amount equivalent to such profit at once.

11. Facilities and concession for foreign citizen of Nepali origin:

(1)  Subject to the provision contained in Sub-rule (3) and (4), any foreign citizen of Nepali origin may purchase any land in any one of the region  and not exceeding the following area, in order to reside within Nepal for  him/her self or his/her own family in Nepal:-
(a) Maximum 2 Ropani, in Kathmandu Valley,
(b) Maximum 8 Kattha, in municipalities of the terai  district,
(c) Maximum 4 Ropani, in other municipalities except  mentioned in (a) and (b),
(d) One Bigaha, in village development committees of  the terai district, except mentioned in part (b), or
(e) 10 Ropani, in other areas except mentioned in (a), (b), (c) and (d).
(2) The provisions of Sub-rule (1) does not prevail if any foreign citizen of Nepali origin has received any immovable property in the  status of a Nepali citizen.

(3) Any foreign citizen of Nepali origin if intends to purchase the  land or the other property pursuant to the Section 10 of the Act and Subrule (1), shall submit an application mentioning the location, area and  the price that has been fixed for the purpose of purchase of the land which he/she intends to purchase in his/her own or his/her family’s
name,
(4) If the application has to be submitted pursuant to Sub-rule (3), the secretary shall give the permission to purchase the land and other immovable property within Nepal, in the name of the applicant or  his/her own family after making inquiry and ensuring that nothing has been against the Act or these Rules.
(5) After receiving the permission pursuant to Sub-rule (4), the concerned office responsible for the registration pass (transfer deed) of the land shall make the registration of the land in the name of the foreign citizen of Nepali origin who has been intended to purchase the land and other property in his/her own or his/her family’s name, subject to the provisions of the Act and there Rules.
(6) Notwithstanding anything contained in the prevailing law, a person supposed to receive the identity card pursuant to the Act or these Rules shall not be liable to pay the visa fee.
(7) Notwithstanding anything contained anywhere in these Rules, purchase of immovable property pursuant to the Act or these Rules shall not create further rights except those provided by the Act or  these Rules.
(8)Concerned land revenue office shall issue the blue colored certificate while issuing a land owner certificate of immovable property pursuant to these Rules.

Chapter-4 Provisions Related to Association
12 Provision related to Registration and Renewal of Association:
(1) Those intending to make registration of an association for the purpose of Sub-section (1) of Section 16 of the Act, at least Fifty nonresident Nepalese from at least Twenty Five countries shall submit an application attached with Five Thousand Rupees for registration fees and following details, before the ministry.
(a) Objectives of the Association,
(b) The name, family name and address of those intending to make registration of an Association,
(c) Copies of identity card of the Non-resident Nepalese mentioned in Part (b),
(d) Details of officials of the Executive Committee of the Association,
(e) Economic Resources of the Association,
(f) Place, were the office of the association has to be situated,
(g) Three copies of the constitution (Statute) of the proposed association signed by non-resident
Nepalese who intends to make registration of the  association.
(2) On the examination (inquiry) of the application and the statue receive pursuant to Sub-rule (1) if the ministry found that it is appropriate to make registration of the Association, registration shall be made and a certificate of registration shall be issued in the format prescribed by the ministry.
(3) If the registration of the association is made pursuant to these  Rules, one attested coy of the statute shall be provided to the applicants with issuing the certificate of registration.
(4) The registration of the Association shall be renewed in every ten years after paying the fees prescribed pursuant to Sub-rule (1).

13. General/Assembly of the Association:

(1) The statute shall include the provision that the General Assembly of the Association shall be held
at least once in two years.
(2) The other Assembly and other provisions related to the General Assembly of the Association shall be made according to the provisions of the statute of the Association.

14. Account and Audit of the Association:

(1) The account of income and expenditure of association shall be kept according to the account system adopted by the Government of Nepal.
(2) The audit of the account of the association shall be held by a registered auditor appointed by the general assembly of the association.
(3) The auditor mentioned in Sub-rule (2) shall every year submit one copy of the Audit report presented after auditing the account of the Association in the ministry.

15 The dissolution (liquidation) of Association and its  consequences:

(1) If the Association has been dissolved (liquidated) due to inability to perform the functions prescribed by the statute of the Association or any other reason, the remaining property of the Association shall be transferred to the Government of Nepal.
(2) If the dissolution has been taken pursuant to Sub-rule (1), then  in case of the liability of the Association the Government of Nepal shall take the liability within the limit of the property of the Association.

16. Supervision:

(1) The ministry may supervise the account and functions of the association.
(2) If it seeks the need of any reform in the functions and procedures of the Association during the supervision, the Ministry shall issue required directives.
(3) It shall be the duty of the Association to follow the directive  issued pursuant to Sub-rule (2).

Chapter-5 Miscellaneous
17. Functions, Duties and Power of Advisory Board:

(1) The functions, duties and power of the advisory abroad constituted pursuant to Sub-section (1) of the Section 15 of the Act shall be as follows:
(a) To provide the advice and suggestion to the government of Nepal on the matter of the policies  to be adopted in relation to non-resident Nepali,
(b) To identify the attractive sectors of investment for on-resident Nepalese and to provide suggestion to
motivate the non-resident Nepalese to invest in  such sectors,
(c) To identify the role of non-resident Nepali in the construction and operation of infrastructure and
over all development of Nepal and to promote and encourage their investment and cooperation.
(d) To provide suggestion to the Government of Nepal  about the legal, policy and organizational reforms
that have to be adopted to make the non-resident Nepali’s investment secure, sustainable and long  lasting,
(e) To provide suggestion to the Government of Nepal  on the solutions that has to be adopted to resolve
obstacles and problems faced in relation to the implementation of the Act and these Rules,
(g) To recommend the actions that has to be taken in  order to maintain the good relationship among the
non-resident Nepalese,
(h To provide the suggestions on the policies that has to be adopted by the Government of Nepal to keep
the cultural unity of the non-resident Nepalese abroad.

(2) The meeting of the advisory board constituted pursuant to  Sub-section of Section 15 of the Act and other procedures related to it,  shall prevails, as determined by the Board itself.
(3) The advisory board, constituted pursuant to Sub-section (1) of Section 15 of the Act shall submit the report of the completed activities  to the Government of Nepal every year and the Government of Nepal  shall make such report public if needed.

18. Central database (record) have to be maintained: Each mission  shall send the details related to the name registration, identity card issuance and renewal of it in time to time to the ministry of Industry.
(2) The details received pursuant to Sub-rule (1) and also including the details related to the investment pursuant to Rule 8, the Ministry shall maintain (establish) an integrated and central database (record) of the non-resident Nepalese and shall keep it updated.

19. Change and alteration in Schedule have to be made: Ministry  may change or alter the Schedule by publishing a notice in Nepal Gazette.

Schedule-1
(Related to Sub-rule (1) of Rule)
Format for the application for name registration in the status
of a non-resident Nepalese
Part-A
For the purpose of Nepalese Citizen residing aboard
The Chief of Mission/Secretary
………………………..
I, hereby, mentioned the following details and attached the documents,
submitting this application to register my name as a nonresident Nepalese
pursuant to Sub-section (1) of Section 3 of the Non-resident Nepalese Act,
2064 and Sub-rule (1) of the Rule 3 of the Non-resident Nepalese Rules, 2066.
1. Applicants,-
(a) Name, surname:
(b) Permanent Address in Nepal:
(c) Father/Mother’s name, surname and address:
(d) Age:
(e) Citizenship Certificate No., Issued District and Date:
(f) Nepalese Passport Number:

(g) Name, Place and Date of Passport issuing office:
2. Residing foreign country, –
(a) Name and address;
(b) The date starting to reside on that country:
(If more than one country, mention continuously)
3. If residing aboard engaging in an occupation or business,-
(a) Details of the occupation or business (mention engaged
occupation or business aboard continuously):
(b) Present occupation or business registered country and place:
(c) Average Annual Transaction (US$):
4. If employed aboard,-
(a) Details of employment (continuously mention engaged
employment aboard):
(b) Existing (Present) employing Agency/organization:
(c) Address of Present employer:
(d) The duration of staring date in the present organization and
tentative terminating date and duration:
(e) Monthly/ annual salary and other benefits:
5. If working in an international organization,-
(a) Name of the organization:
(b) Working country:

(c) Working place:
(d) Worked period and future working period:
(e) Salary received from the organization:
6. Knowledge, Experience or Skill Acquired Aboard:
7. Intended Sector for Investment in Nepal and Estimated Investment:
Applicant’s,-
Signature……
Date …………..
Attached Documents:
1. Copy of Nepalese Citizenship Certificate
2. Copy of Nepalese Passport
3. If residing abroad engaging in any business, the documents related to the
registration of that business.
4. If residing aboard engaging in an occupation or employment, the
documents verifying it.
5. If working in any International Organization, the appointment letter of
the organization the documents explaining present work status
6. Two Copies of recently taken passport size photos 1

Part- (B)
For the foreign citizen of Nepalese origin
Shree Chief of Mission/Secretary
…………………. .
I, hereby, mentioned the following details and attached the following
documents, submitting this application to register my name as a non-resident
Nepalese pursuant to Sub-section (1) of Section 3 of the Non-resident Nepalese
Act, 2064 and Sub-rule (1) of Rule 3 of the Non-resident Nepalese Rules, 2066.
1. Applicants,-
(a) Name, Surname:
(b) Father/mother’s Name, Surname and Address:
(c) Age:
(d) Passport Number:
(e) Passport Issuing:
(1) Country:
(2) Name of the Issuing Office:
(3) Place:

(4) Passport Number and Date of Issue:
(5) Valid period for the Passport:
(f) If the Nepalese citizenship has been renounced, the
address before renouncing the Nepalese Citizenship:-
(g) If the Nepalese citizenship has been renounced-
(1) Renounced citizenship number:-
(2) Renounced citizenship issuing District:
(3) Renounced Date:-
(h) If close relatives are in Nepal, their detail-
(1) Name, Surname:
(2) Address:
(3) Citizenship No.:
2. Residing Country’s-
(a) Name and Address:
(b) Starting date to reside on that country:
(If there is more than one country, mention continuously)
3. If residing by engaging in any occupations, business or employment in
the country of residence,-
(a) Details of occupation, business or employment,

(b) Country and place of existing occupation, business or
employment:
(c) Average Annual transaction or income (in US $):
4. Acquired knowledge, experience or Skill:
5. Intended Sector for investment in Nepal and Estimated Investment:
Applicant’s-
Signature:
Date:

Attached Documents:
1. Documents verifying the citizenship of country of residence,
2. If the citizenship of Nepal has been renounced the evidence of such
renunciation,
3. Citizenship certificate No. of father/mother/ grandfather/ grandmother,
District or the documents showing (verifying) that he/she has been the
citizen of Nepal,
4. If engaged in any occupation or business out of Nepal in any country,
the documents related to the registration of the business,
5. If engaged in any employment out of Nepal in any country, the
documents verifying such,
6. Two copies of recently taken passport size photos.

Schedule-2
(Related to Sub-rule (2) of Rule 3)
The fees required to register the name as a non resident Nepalese
(a) In Nepal- 1500.00 Rupees.
(b) Abroad- US $ 20.00

Verifying officer’sName,
surname
Designation
SignatureDate

Verifying officers’:
Name, Surname:-
Designation:-
Photo
Signature:-
Date:

Schedule-4
(Related to Sub-rule (2) of Rule 4 and Sub-rule 3 of Rule 5)
Required fees for identity card and renewal
1. For the foreign citizens of Nepalese origin:
(a) For Europe, North America, South
America, Countries in the Australian
Continent, New Zealand, Japan and Korea
of Asian Continent 500 US $
(b) For countries other than those mentioned in
part (a) 250 US $
2. For the Nepalese citizen residing aboard 50 US $

1
Schedule -5
Annex-1
(Related to Sub-rule (2) of Rule 4)
Part (a)

1
Changed by the notice of MOFA in Nepal Gazette of date 2066/09/27

Part (b)

Annex-2Part (a)

Part (b)

Schedule-6
(Related to Sub-rule (2) of Rule 5)
Format of the application for renewal of Identity Card
The Chief of Mission/Secretary
……………………..
The identity card of non-resident Nepali received on date………………
pursuant to Sub-section (1) of Section 4 of the Non-resident Nepali Act, 2064
and Sub-rule (1) of Rule 4 of Non-resident Nepali Rules, 2066 has been
expiring on date…………………………, I, hereby, applying for the renewal of the
identity card mentioning the following details and attaching the following

Attached Documents:
In case of Nepali citizen residing abroad,-
1. Copy of certificate of Nepali citizenship.
2. Copy of Nepali Passport.
3. If engaged in any occupation or business aboard, documents related to
registration of such occupation or business.
4. If employed aboard documents related to it.
5. If employed (working) in an international organization or Agency, the
appointment letter of the organization and documents, verifying such
employment.
6. Copy of old identity card.
In case of foreign citizen of Nepali origin,-
1. Documents showing the citizenship of the country of residence.
2. If Nepali citizenship has been renounced, the evidence of renunciation
of that citizenship.
3 Father/mother/grandfather/grandmothers citizenship certificate No,
District or the documents showing that he/she is Nepali citizen.

4. If engaged in any occupation or business in any country out of Nepal,
documents related to registration of such business.
5. If engaged in any occupation or employment in any country out of
Nepal the documents related to it.
6. Copy of the old Identity Card.

Schedule-7
(Related to Sub-rule (1) of Rule 8)
(Format providing information on investment)
1. Investor /company’s name:
2. Non-resident Nepali Identity Card No:
3 Place and Address:
4. License No. :
5. Approved Date:
6. Sector of Investment:
7. Investment Amount :
8. Total Capital :
Informing Non-resident Nepali’s, –
Signature:-
Name, Surname:
Date:-

Schedule-8
(Related to Rule 9)
(Format for Certificate of entering the capital in Nepal for the Investment)
…………………….Bank
…………………………….
……………………, Nepal.
1. Name, Surname, and Address of the Non-resident Nepali:
2. Non/-resident Nepali identity Card No. :
3. Name of the Industry/Company Investing in Nepal:
4. Industry/Company’s,-
(a) Authorized capital:
(b) Paid Capital:
5. Investment by Non-resident Nepali
(a) Amount (Money):
(b) Percentage:
6. Amount entered for the investment:
7. The name of the foreign bank remitting the amount (Money) in Nepal
and Date of remit:
It is, hereby, attested that the foreign currency as mentioned above has
been deposited in this Bank.
Attesting Authority’s,-
Signature……
Name: …
Designation: ….
Office name and seal …..
Date: …
Reference:
Department of Industry

(Source: Nepal Law Commission)

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